Monster Apps Terms of Service

Words with a capitalised first letter have the meanings below, whether they appear in singular or plural.

• Application means either of the following Shopify apps, as the context requires, including its storefront features, app embed, dashboard and settings:
  • Monster Cart, formerly named MonsterUpsells and listed on the Shopify App Store as "Monster Cart Upsell+ Free Gift", including its cart features, analytics and A/B testing tools; and
  • Ship Protect, including its protection widget and related features.
• Account means the account created when You install an Application on a Shopify store.
• Add-on means an optional extra You offer Your Customers through an Application, such as shipping protection, priority processing or a warranty.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company ("We", "Us", "Our") means Monster Apps Ltd, 24-26 Arcadia Avenue, London N3 2JU, United Kingdom, registered in England and Wales No. 12642118.
• Country means the United Kingdom.
• Customers means the shoppers who visit or buy from Your store.
• Device means any device that can access the Service, such as a computer, phone or tablet.
• Feedback means feedback, ideas or suggestions You send Us about the Service.
• Free Trial means a limited period during which an Application may be used without charge before a Subscription fee applies.
• Merchant Data means the store, product, order, discount, pricing, shipping and analytics data that You make available to an Application, including personal data about Your Customers.
• Protection Fee means any optional fee You charge Your Customers through Ship Protect, or through a Monster Cart Add-on, for shipping protection.
• Protection Program means the shipping protection You offer Your Customers through an Application, including its terms, coverage and claims process as You configure them.
• Service means the Applications, the Website, or both.
• Shopify means Shopify Inc. and its Affiliates. The Company is independent of Shopify and is not owned by or endorsed by Shopify.
• Subscription means access to paid features of an Application on a recurring basis.
• Terms means these Terms of Service, which form the entire agreement between You and the Company regarding the Service.
• Website means monsterapps.shop and any other website We operate for the Applications.
• You means the merchant, or the company or legal entity on whose behalf the merchant installs or uses the Service.

These Terms govern Your use of the Service and form the agreement between You and the Company. By installing or using an Application You agree to be bound by them. If You disagree with any part, do not install or use the Service.

These Terms apply to each Application You install. Sections marked as applying to one Application apply only if You use that Application.

You confirm that You are over 18, that You are using the Service for business purposes, and that You have authority to bind the business that owns the Shopify store.

Your use of the Service is also subject to Our Privacy Policy, which explains how We collect, use and disclose personal information.

The Applications run on Shopify. You must keep a Shopify account in good standing and comply with Shopify's terms, policies and platform rules. Shopify handles installation, permissions and billing for the Applications. If Shopify suspends Your store, changes its platform, or restricts an Application, the Service may stop working, and the Company is not responsible for that.

Monster Cart adds cart and checkout-adjacent features to Your storefront. These include a cart drawer, upsells and cross-sells, free gift and reward unlocks, progress bars, discount functionality, Add-ons, analytics and A/B testing. Some features may create or apply discounts, free gift items, cart attributes or line item properties.

Ship Protect lets You offer Your Customers optional shipping protection in the cart or at checkout. It may create a protection product, variant or line item in Your store so that the Protection Fee can be added to an order. You must not delete, edit or hide that item in ways that break the Application.

Installation and store changes. When You install and enable an Application, it adds code to Your storefront through a Shopify theme app embed, and may apply styling to match Your theme. You can disable or remove an Application's storefront elements at any time by turning off the app embed or uninstalling the Application.

Your theme and other apps. Themes and third-party apps vary. We do not guarantee that an Application will work with every theme, customisation, checkout setup or other app, including other cart, bundle, discount or protection apps. You are responsible for previewing and testing each Application on Your store before making it live, including a complete test order, and for re-testing after theme changes or app updates.

Changes to the Service. We may add, change or remove features, including to keep up with Shopify platform changes. If We make a change that materially reduces paid functionality, We will give reasonable notice where practical.

Support. Support is available at support@monsterapps.shop. We aim to respond promptly but do not guarantee response times.

This section applies if You use Ship Protect, or offer Add-ons through Monster Cart. Please read it closely.

You run the Protection Program and any Add-ons. Unless a separate written agreement with the Company says otherwise, the Applications are software that help You present Add-ons and collect fees for them. The Company is not the seller of protection or any other Add-on. It is not an insurer, insurance broker, warranty provider or claims administrator, and does not guarantee, underwrite or pay claims. You are the party offering these to Your Customers.

You are responsible for:

• Claims and fulfilment. Deciding, handling and paying Customer claims for lost, damaged or stolen orders, or under any warranty, including any replacement, reshipment or refund. This applies whether or not You have collected a fee, and regardless of how many claims are made.
• Terms for Your Customers. Writing clear terms for Your Protection Program and any other Add-on, including what is covered, what is excluded, how long a Customer has to claim, and how claims are made.
• Clear disclosure. Describing each Add-on accurately and clearly to Customers, including that it is optional, what it costs, and what it does and does not cover. Do not describe it as insurance unless You are authorised to do so.
• Legal and regulatory compliance. Making sure that offering and charging for shipping protection, warranties or similar Add-ons is lawful where You and Your Customers are located. Some places regulate these as insurance or financial products, and require licences, registration or specific disclosures. You are solely responsible for finding out and complying with these requirements, as well as consumer protection, pricing, tax and refund laws.
• Tax. Determining and collecting any tax that applies to Protection Fees and other Add-on fees.
• Fee accuracy. Configuring fee amounts and rules correctly and checking that they display and charge as intended.

Fees are Yours. Protection Fees and other Add-on fees paid by Your Customers are collected through Your store and Your payment processor. The Company does not receive or hold them unless a separate written agreement says so.

The Company does not provide legal, tax or insurance advice. Talk to Your own advisers.

Each Application is billed separately. Installing or paying for one Application does not give You access to paid features of the other.

Subscription period. Some parts of the Service require a paid Subscription. You are billed in advance on a recurring basis (for example, every 30 days or annually) according to the plan You choose. Billing is processed through Shopify Billing and appears on Your Shopify invoice. Each Subscription renews automatically on the same terms unless You or the Company cancel it.

Usage-based charges. If Your plan includes charges based on orders, fees collected or other usage, those charges are calculated and billed as described in the plan shown in Shopify when You subscribe.

Cancellation. You may cancel by uninstalling the Application from Your Shopify store or by cancelling through Shopify. You will not receive a refund for fees already paid for the current billing period, and You may keep using paid features until that period ends.

Failed payments. If automatic billing fails, Shopify may issue an invoice or restrict the paid plan until payment is made.

Free Trial. We may offer a Free Trial at Our discretion. Unless You cancel before it ends, the Subscription fee for Your chosen plan will be charged when the trial expires. We may modify or cancel Free Trial offers at any time.

Free plan and partner pricing. We may offer a free plan, or free or discounted access for partner stores. Free plans may have limited features or usage. We may change, limit or withdraw a free plan or partner pricing at any time. If that means You need a paid plan to keep using a feature, We will give You reasonable notice, and You will not be charged until You approve the paid plan in Shopify.

Fee changes. We may change Subscription fees at any time. A fee change takes effect at the end of the current billing period, and where Shopify requires it, only after You approve the change in Shopify. We will give reasonable prior notice so You can cancel before the change applies.

Refunds. Except where required by law, Subscription fees are non-refundable. We may consider refund requests case by case at Our sole discretion.

Taxes. Fees may be exclusive of applicable taxes, which You are responsible for.

Because the Applications change what Your Customers see and pay, You are responsible for:

• Pricing, discounts and offers. You decide what discounts, free gifts, thresholds, upsells, Add-ons and fees are shown. You must check that they are configured correctly. We are not liable for lost revenue, margin or inventory problems caused by offers You configure, including free gifts that are given away in error.
• Legal compliance. Your offers, promotions, advertising claims and pricing displays must comply with consumer protection, advertising, pricing and promotion laws that apply to You and Your Customers.
• Your Customers. You are responsible for Your relationship with Your Customers, including their orders, refunds, support and any required disclosures or consents.
• Accessibility. You are responsible for making sure Your store, as customised with the Applications, meets the accessibility requirements that apply to You.
• Account security. Provide accurate and current information, protect Your Shopify and Application access, and tell Us promptly about any unauthorised use.
• Results. Analytics and A/B test results are provided for information only. We do not guarantee that any Application, test, feature or setting will increase conversion, average order value or revenue, or reduce Your shipping costs, claims or disputes.

Fraud, chargebacks and payment disputes. You are responsible for screening orders on Your store for fraud, and for all chargebacks, payment disputes, refunds and payment processor fees. This includes orders placed through features of the Applications, such as fraudulent orders that contain only a protection product, Add-on or free gift, which are sometimes used to test stolen payment cards. We may add safeguards, such as checkout rules that block orders containing only a protection product, but We do not guarantee that the Applications will detect or prevent fraud. You should also use Shopify's fraud analysis and Your payment processor's fraud tools, and review and cancel suspicious orders before fulfilling them.

You keep ownership of Your Merchant Data. You give Us a licence to access, process and store it solely to provide, secure, support and improve the Service and any of Our other applications installed on Your store, and as described in Our Privacy Policy.

Where We process personal data about Your Customers on Your behalf, You are the controller (or equivalent) and We act as Your processor (or service provider). We will process that data only on Your documented instructions, apply appropriate security measures, and delete or return it in line with Shopify's data requests and deletion requirements, including after You uninstall an Application. You are responsible for having a lawful basis to share Customer data with Us, and for giving Your Customers the notices required by law.

We may use aggregated or de-identified data to operate, secure and improve the Service. Aggregated data will not identify You or Your Customers.

No method of storage or transmission is completely secure. Although We take reasonable measures, We do not guarantee that Merchant Data will never be lost, corrupted or accessed without authorisation. You agree to keep Your own copies of data important to Your business.

You must not use the Service to:

• break any law or regulation, or promote unlawful activity;
• sell or promote illegal, counterfeit, infringing or deceptive products or offers;
• mislead Customers, including through false pricing, fake urgency, fake scarcity or fake discounts;
• charge Customers for protection or another Add-on You do not intend to honour, or mislead them about what it covers;
• interfere with, disrupt, overload or attempt to gain unauthorised access to the Service or its systems;
• upload malware or code intended to damage software, hardware or data;
• copy, reverse engineer, resell, sublicense or build a competing product from the Service, except as permitted by law;
• scrape or extract data from the Service by automated means other than through features We provide; or
• impersonate any person or entity, including the Company.

We may investigate suspected violations and may suspend or restrict access if We reasonably believe You are in breach.

The Service may integrate with, or link to, third-party services such as Shopify, payment processors, carriers, analytics providers, hosting providers and other apps. We do not control and are not responsible for third-party services, their content, availability or privacy practices. Your use of them is governed by their own terms.

The Service, including its software, design, features, branding and original content (excluding Merchant Data), is and remains the exclusive property of the Company and its licensors, protected by the laws of the Country and other countries. We grant You a limited, non-exclusive, non-transferable, revocable licence to use the Service for Your store while these Terms apply. Our trademarks and trade dress may not be used without Our prior written consent.

If You believe material on the Service infringes Your intellectual property rights, write to support@monsterapps.shop with a detailed description, the location of the material, Your contact details and a statement that You are authorised to act for the rights owner. We may remove challenged material at Our discretion.

You assign to the Company all rights in any Feedback You give Us. If that assignment is ineffective, You grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use and exploit the Feedback without restriction.

You may stop using an Application at any time by uninstalling it. We may suspend or terminate Your Account or access immediately, without prior notice or liability, if You breach these Terms, if required by Shopify or by law, or if We discontinue the Service. If We discontinue an Application for reasons other than Your breach, We will give reasonable notice where practical.

On termination Your right to use the affected Application ends immediately. You remain responsible for honouring claims on protection or other Add-ons You sold to Customers before termination. Sections that by their nature should survive termination will survive, including those on fees owed, Add-on responsibilities, intellectual property, liability, indemnity and governing law.

To the maximum extent permitted by law, the entire liability of the Company and its suppliers under these Terms, and Your exclusive remedy, is limited to the amount You actually paid for the Application the claim relates to in the 12 months before the claim arose, or USD 100 if You have not paid anything.

To the maximum extent permitted by law, the Company and its suppliers are not liable for any special, incidental, indirect or consequential damages, including loss of profits, revenue, sales, data or goodwill, business interruption, or loss arising from the use of or inability to use the Service, third-party software or hardware, any offer, discount or price displayed by an Application, any Customer claim, refund or replacement, any Protection Fee, Protection Program or other Add-on, or any fraudulent order, chargeback or payment dispute, even if advised of the possibility of such damage.

Outages and errors. An Application may stop working, display incorrectly, apply the wrong offer or fee, or stop Customers from adding to cart or checking out. This can happen for any reason, including bugs, updates, conflicts with Your theme or other apps, or Shopify changes or outages. To the maximum extent permitted by law, the Company is not liable for lost sales, lost or abandoned carts and orders, lost revenue or any other loss caused by this. You should monitor Your store, and if an Application is not working correctly, turn off its app embed and contact Us.

Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so some of the above may not apply to You, and in that case liability is limited to the greatest extent permitted by law.

The Service is provided "AS IS" and "AS AVAILABLE", with all faults. To the maximum extent permitted by law, the Company, its Affiliates, licensors and service providers disclaim all warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limiting the above, We do not warrant that the Service will meet Your requirements, achieve any particular results (including increased conversion or average order value), be compatible with every theme or app, operate without interruption, be error free, or be free of viruses or other harmful components, or that defects will be corrected.

You agree to defend, indemnify and hold harmless the Company, its Affiliates and their officers, employees and contractors from any claim, loss, liability or expense (including reasonable legal fees) arising from Your store, products, offers, pricing or promotions, Your Protection Program or other Add-ons and their fees, Customer claims, fraudulent orders or chargebacks on Your store, Your Merchant Data, Your breach of these Terms, or Your violation of any law or third-party right.

These Terms and any dispute arising from them are governed by the laws of England and Wales, excluding its conflict of law rules. Your use of the Applications may also be subject to other local, national or international laws.

If You have a concern or dispute, You agree to first try to resolve it informally by contacting Us at support@monsterapps.shop. If it cannot be resolved informally, the courts of England and Wales have jurisdiction, subject to any rights You have that cannot be excluded under the law of Your country.

European Union and UK businesses. The Service is for business use. Nothing in these Terms limits any rights You have that cannot be excluded under the law of the EU or UK country where You are established.

United States federal government end users. The Service is a "Commercial Item" as defined at 48 C.F.R. §2.101.

United States legal compliance. You represent and warrant that You are not located in a country subject to a United States government embargo or designated as a "terrorist supporting" country, and that You are not on any United States government list of prohibited or restricted parties.

If any provision of these Terms is held unenforceable, it will be interpreted to achieve its objectives to the greatest extent possible, and the remaining provisions continue in full force. Failure to exercise a right is not a waiver of that right. If these Terms are translated, the original English text prevails in a dispute.

We may modify these Terms at any time. If a change is material, We will make reasonable efforts to give at least 30 days' notice before it takes effect, for example by email or in the Application. By continuing to use the Service after changes take effect, You agree to the revised Terms. If You do not agree, stop using the Service and uninstall the Application.

Questions about these Terms:

• Email: support@monsterapps.shop
• Post: Monster Apps Ltd, 24-26 Arcadia Avenue, London N3 2JU, United Kingdom

"monsterapps" is a brand of Monster Apps Ltd, registered in England and Wales No. 12642118.